WILL IT BE RIGHT?
How to make sure you get a quality Will
9th November 2011
The UK’s largest independent Will-writing company, Trust Inheritance, which writes 20,000 Wills a year, has said consumers need better guidance and advice to help ensure they receive a quality product when buying a Will, whether from a solicitor or independent provider.
The company has produced its own 12-point advice plan covering everything from how long to expect the initial instruction meeting to take, to checking the qualifications of who will actually draft the Will. The advice coincides with this year’s national Will-writing month being championed by the legal profession and consumer groups.
This advice was also developed in response to the Legal Service Board’s recent "shadow shopper" exercise *, which found that one in four of the Wills reviewed would be likely to fail to achieve what the person making the Will intended.
Chief Executive of Trust Inheritance, Stephen Jenkins, said:
"It is more important than ever for people to have Wills, but the LSB’s recent research suggests a big disparity in quality amongst those writing Wills, be they solicitors or independents. It’s important for people to make a Will, but also to know how to help ensure they receive a quality product, whoever they appoint, otherwise there is a real risk of wasting money and laying down problems for later."
Trust Inheritance has posted the twelve point plan on its website at www.trustinheritance.com/12-point-plan and are urging consumers to check all the points off when making a Will, whether with an independent Will-writer or a High Street solicitor.
Key questions to ask, Trust Inheritance says, is how many Wills the organisation writes per year; what specialist qualifications staff hold and when did they last receive training in the current law; and whether the company charges for a final check of the completed Will after it has been signed.
Stephen Jenkins continued:
"The one area which is necessarily a little vague is cost as this depends on the complexity of your Estate, and how detailed your Will needs to be. But most people should expect to pay around £130 for a quality Will from an independent Will-writing company, and perhaps double that from a High Street solicitor.
"However you get it done, the advice remains - make a Will. Every day we see the problems which occur when people die without a Will: lengthy delays of months or even years in sorting out their Estate, added costs and charges, and sometimes bitter family upsets. By helping consumers spot better quality across all providers, we hope we will reassure more people to take the plunge and get on with making their Will."
The 12 point plan
- Check whether the law firm or will-writing company has sufficient experience in writing Wills, by asking how many they write each year. Specialists write many thousands each year, but if the company you’re speaking to has written less than 100 it may be lack up-to-date legal knowledge, or charge you a premium price;
- Expect your instruction meeting to last at least 60 minutes, and probably more like 90 minutes – if it is any less, it may not be detailed enough to cover everything properly
- Make sure you are given an original copy of the instruction notes after this first meeting: you will need it to check against the draft Will, to make sure what you asked for is reflected properly
- Check who will actually draft the Will, what qualifications they have, and when they actually last trained: relevant accreditations include ILEX and STEP.
- Ask if the company has professional indemnity insurance in case anything goes wrong later on, and up to what limit. This should be at least £2million, and ideally £5million or more.
- Ask what internal checks will be made on the draft Will before it is returned to you. Many Wills are based on templates and written by junior staff - but the drafts must be checked by someone senior and more experienced.
- Ask if, once you have singed the final Will, the company or solicitor will give your completed Will a final check: they should be prepared to do this for no charge (in effect they are checking you have signed the Will properly, in the right place, and have the right witness’s signatures).
- If you decide to appoint a professional as an executor (something we wouldn’t advise but is sometimes necessary) ensure they are willing to renounce it without cost at any point in the future if asked.
- If you are purchasing a long term service, such as Will storage, ask what happens if the firm ceases to trade.
- If you need to complain, ask how?
- Ask if they are a member of any trade body/organisation and what protection this offers
- If you change your mind and don’t want to go ahead with writing a will after an initial consultation, ensure you won’t be charged.
* Legal Services Consumer Panel report: Regulating will-writing, July 2011
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For further information or to arrange interviews, please contact: Lisa Sutherland at Fresh on 07801 979987 or lisa@freshcommunication.co.uk
